In May 14, 2011, a 28 year old claimed the two rich generation male netizen through QQ repeated several times to the Advisory, left his mobile phone number. He said: I particularly love the child, the wife can not bear, I please surrogate company introduced 8 surrogate mother, with my sperm and eggs for my wife, a successful pregnancy of 8 children, the surrogate company to cooperate with the hospital identification are boys, will be born in 2011, so I will pay 6400000 yuan, most of that surrogate company took away. Surrogate company promised I managed to get 8 births medical birth certificate, the world only 2 cases of 8 births case, if really got the proof, will be a sensation in the world. At present a problem to worry about, one is whether it can settle for the 8 children in Shanghai * * District, no matter how much money my punishment is no problem, as long as can be settled on the line; the two is how to avoid and refused to reporters, don't hit the country and all over the world.

It happens that there is a similar case. The same day, aClaim to24 year old Hainan man Advisory: I already have a son, his wife was pregnant, and a twin, or two of the brothers, I would like to ask if I let the children to settle in Hongkong if you can not pay the social maintenance fee?

Listen to the two friends of the narrative, it is the universe of 1,000,000,000 universes Nothing is too strange. The question to ask here: one is the medical institutions and provide legal detection of fetal sex? Two if the medical institutions false 8 births that illegal? Three of the medical institutions to the two rich generation do 8 such operation legitimate? The four is the intermediary of underground surrogate company's profit behavior legal? Five is the social support expenditure should be how to levy? The six is the collection of social maintenance fee and children settled in the relationship?

First, many people said that, the surrogate intermediary problem belongs to the grey zone, no clear legal provisions, according to "the law does not expressly provided free" principle is not illegal. The author thinks, this is not exact. The law is divided into the narrow and broad sense, sense of law refers to the law of the NPC and its Standing Committee by the general law;, besides special law, also includes the methods issued by the State Council administrative regulations, ministries and commissions of the State Council regulations, local people's Congress and its Standing Committee, the regulations issued by the local government regulations, these are legal effect. Therefore, can not be said that the State Ministry of Health issued regulations, because it is notCountryA law passed by the legislature, will have no legal effect.

Second, medical institutions and provide legal detection of fetal sex? "Population and family planning law of the people's Republic of China" thirty-fifth article: "no fetus gender identification in non - medical needs of the use of ultrasound technology and other technical means." Rule thirty-sixth: "in violation of the provisions of this law, any of the following acts, the administrative departments of family planning or administrative departments of public health authority shall order it to make corrections, given a warning, confiscation of illegal income; the illegal income of more than ten thousand yuan, is two times the illegal income more than six times the fine; if no illegal income or the illegal income is less than ten thousand yuan, ten thousand yuan more than thirty thousand yuan shall be imposed; if the circumstances are serious, the original license issuing organ shall revoke the practising certificate; constitutes a crime, shall be investigated for criminal responsibility according to law: (two) for others to engage in non - medical needs of the fetus gender identification or selection of the use of ultrasound technology and other technical means of artificial termination of pregnancy".

Decree No. 308th of the State Council promulgated the "measures for the implementation of maternal and infant health care law" twenty-third article: "sex identification of the fetus by technical means shall be strictly forbidden. For suspected fetal possibility for sex linked genetic disease, the need for sex identification, by the province, autonomous region, municipality directly under the Central People's government designated by the health administrative department of medical, health care institutions in accordance with the provisions of the administrative department of health under the State Council were identified." Article forty-second stipulates: "the fetus gender identification in violation of the regulations, give a warning by the health administrative department, shall be ordered to stop illegal activities; personnel directly in charge of the medical and health care institutions, and other personnel directly responsible shall be given administrative sanctions in accordance with law. Fetus gender identification for more than two times or profit for the fetus gender identification purposes, and by the original license issuing authority shall revoke the corresponding maternal and infant health care technology qualification or the practicing certificate of doctors."

Above.The former is legal, the administrative rules and regulations, have the force of law, provisions are very clear, the medical institutions or medical personnel, do not step on the red line.

Third, if the medical institution issues a false 8 babies born to prove illegal? "Population and family planning law of the people's Republic of China" the thirty-seventh stipulation: "forged, altered, the sale of the family planning certificate, the administrative department of family planning shall confiscate the illegal income, illegal income five thousand yuan, a fine of two to ten times the illegal income; there is no illegal income or the illegal income of less than five thousand yuan, from five thousand yuan to twenty thousand yuan fine; constitutes a crime, shall be investigated for criminal responsibility according to law. Obtains the family planning certificate by illegitimate means, administrative department of family planning shall cancel its family planning certificate; certificate issued by the unit is at fault, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions."

Decree No. 149th of the State Council issued the "Regulations on the administration of medical institutions" thirty-second article: "without a physician (judges) to examine a patient, disease diagnosis, a certificate issued by the medical institution shall not a health certificate or a death certificate and other documents; without a physician (scholar), Midwifery staff person to produce, issue a birth certificate or a dead birth report a medical institution shall not."Rule forty-ninth: "act in violation of the provisions of article thirty-second, issued false documents, shall be given a warning by the people's government at or above the county level health administrative departments; to cause harmful consequences, and may impose a fine of 1000 yuan; the persons who are directly responsible for the unit or higher authority be given administrative sanctions."

Regulations on the administration of medical institutions "rules for the implementation of the provisions of article eighty-second of the people's Republic of China Ministry of Health announced in August 29, 1994:" false documents, if the circumstances are minor, give a warning, and may impose a fine of five hundred yuan; in any of the following circumstances, impose a fine of five hundred yuan above one thousand yuan shall be imposed: (three) causing other damage the consequences of. The persons who are directly responsible shall be given administrative sanctions.

The author thinks, if issued this false 8 births and birth certificate, will cause other harmful consequences, the public security organ easily give in to such rare not, may find out, once the film will be punished according to law, and punishment is likely to more than one or two people.

Fourth, medical institutions to the two rich generation do 8 such operation legitimate? The people's Republic of China Ministry of health, order No.14Released on "human assisted reproductive technology management measures" provisions of article twenty-fourth: "artificial insemination is the artificial semen into the female body will be a method to replace the coital way of pregnancy. According to different sources of semen, divided into artificial insemination by husband semen and artificial insemination by donor. In vitro fertilization and embryo transfer technology and various derivation technique is to remove eggs from the female body, culture in a container, add the technical treatment of sperm, the egg after fertilization, continue to develop, to the formation of early embryo, and then transferred to the womb implantation, develops into a fetus until delivery technology." Thus, the two rich generation behavior, obviously should regulate and adjust the "management approach". 　

The "management measures" provisions of article third: "human assisted reproductive technology should be carried out in medical institutions, for the purpose of the medical, and accord with the national family planning policy, ethics and laws. Prohibit the sale of gamete, zygote, embryo in any form. Medical institutions and medical personnel shall not engage in any form of surrogacy technology." Thus it can be seen, the medical institutions so for the rich two surrogate in 8 fetuses, one is in violation of the "Regulations on medical purposes", two is a violation of the national family planning policy, the three is the implementation of the provisions of any breach shall form of surrogacy technology.

The "human assisted reproductive technology management approach" the provisions of article twenty-first: "violation of the provisions of these measures, non medical institutions to carry out human assisted reproductive technology without approval, the punishment in accordance with the" Regulations "the management of medical institutions stipulated in article forty-fourth of the medical institutions; the illegal acts, in accordance with the" Regulations "medical institutions management forty-seventh and" Regulations on the administration of medical institutions to implement "eightieth rules of punishment."

"Regulations" medical institutions management forty-fourth rules: "act in violation of the provisions of article twenty-fourth, without the" practice license of medical institution "unauthorized practice, by the people's government at or above the county level health administrative departments shall be ordered to stop the practice activities, confiscate the illegal income and the drugs, devices, and may impose a fine below 10000 yuan."The management rule forty-seventh stipulation: "act in violation of the provisions of article twenty-seventh, diagnosis and treatment activities beyond the scope of registration, shall be given a warning by the people's government at or above the county level, the administrative departments of public health shall be ordered to make corrections, and may impose a fine below 3000 yuan; if the circumstances are serious, shall revoke its" practice license of medical institution ".""Regulations on the administration of medical institutions to carry out detailed rules" the eightieth stipulation: "in addition to the emergency and first aid, medical institutions and medical subjects beyond scope of registration, if the circumstances are minor, given a warning; in any of the following circumstances, ordered its deadline to correct, and impose a fine of three thousand yuan of the following: (a) beyond the scope of registration of medical subjects the diagnosis and treatment of total income in three thousand yuan of the following; (two) injury to the patients." "In any of the following circumstances, impose a fine of three thousand yuan, and to revoke the" practice license of medical institution ": (a) beyond the medical subjects range registration clinic activities accumulated income in three thousand yuan of above; (two) and injury to the patients; (three) provisions of the public health administrative department of the province, autonomous region, municipality directly under the central government of theHeSituation.

"The provisions of article twenty-second of human assisted reproductive technology management approach": "medical institutions to carry out human assisted reproductive technology in violation of the present measures, one of the following acts, by the province, autonomous region, municipality directly under the central government and health administrative department shall give it a warning, a fine of 30000 yuan, and give the relevant persons responsible for administrative punishment; constitute a crime, criminal responsibility shall be investigated according to law: (two) the implementation of surrogacy technology; (seven) other activities in violation of these regulations."

Fifth, the underground company profit intermediary surrogacy act is legal? Since it is the underground company, certainly is a violation of the administrative regulations of the operating license behavior. The people's Republic of China State Council Order No. 370th promulgated since March 1, 2003 "unlicensed and banned procedures" provisions of article third: for in accordance with the provisions of laws and regulations, shall be subject to the approval of the public security, human health...... Such as business activities, licensing departments of examination and approval must be strictly approval in accordance with the conditions and procedures as prescribed by laws and regulations. The administrative department for Industry and commerce must be issued by license examination and approval departments license or other approval documents for registration, the issuance of the business license. The fourth article: "the following acts, the administrative department for Industry and Commerce in accordance with the provisions of these Measures shall be investigated and dealt with: (a) shall be made and failure to obtain the license or any other document of approval and business license, unauthorized engaged in unlicensed business activities; (two) without a license or other approval documents to obtain a business license and not in accordance with the law to obtain business licenses, operating without a license unauthorized engaged in business activities."

Fourteenth the provisions of the "unlicensed and banned procedures": "for operating without a license, the administrative department for Industry and Commerce shall be banned, confiscated of the illegal income; violate the criminal law, in accordance with the criminal law on the crime of illegal business operations, a major liability accident crime...... Regulations or other crimes, shall be investigated for criminal responsibility according to law; not serious enough for criminal punishment, and impose a fine of 20000 yuan; the harm behavior, unlicensed larger society serious, impose a 20000 yuan more than 200000 yuan shall be imposed; unlicensed acts harmful to human health, there are significant security risks, threats to public safety, the destruction of environmental resources, confiscated specifically for engaged in unlicensed tools, equipment, raw materials, products (goods) and other property, be in 50000 yuan of above 500000 yuan fine."

"Human assisted reproductive technology management measures" provisions of article third: "human assisted reproductive technology should be carried out in medical institutions, for the purpose of the medical, and accord with the national family planning policy, ethics and laws. Prohibit the sale of gamete, zygote, embryo in any form. Medical institutions and medical personnel shall not engage in any form of surrogacy technology." The author thinks, this kind of surrogate company, for the purpose of profit, eyes stared at the money, not for medical purposes, regardless of the family planning policy, will not take into account the ethical principles, ignore the law, collusion and individual medical institutions, the implementation of the surrogate technology, natural belong to illegal behavior.

Sixth, the national and Shanghai on the collection of social maintenance fees is provided? "Population and family planning law of the people's Republic of China" the forty-first stipulation: "do not conform to the provisions of article eighteenth children of citizens, shall pay the social maintenance fee. Not in full within the prescribed time limit to pay should pay the social maintenance fees, from the due date, in accordance with the relevant provisions of the state to impose an overdue fine; is not paid, made by the family planning administrative department in accordance with the law to requisition decision of the people's court for compulsory enforcement." Rule forty-second: "pay the social maintenance fee personnel in accordance with the law the forty-first regulation, is a national staff, they shall be given administrative sanctions according to law; other personnel shall also be given disciplinary sanctions by their work unit or organization."

"Population and family planning law of the people's Republic of China" eighteenth stipulates: "the state of the current fertility policy stability, encouraging citizens to delayed marriage and childbearing," one couple, one child; in accordance with the law, rules and regulations of the condition, can request to bear a second child. The specific measures shall be prescribed by the provinces, autonomous regions, municipalities directly under the central government, the people's Congress or its standing committee."Family planning is a must constitution provides a long-term basic state policy, the law is the law, system, policy of the party and the country have effective. Therefore, on the fertility policy formulation, must consider is to maintain stability, the current policy continuity. The current family planning policy tightening is not, can not relax.

The people's Republic of China promulgated by the State Council Decree No. 357th of the "social maintenance fee collection management approach" the provisions of article third: "not in conformity with the provisions of children of the population and family planning law, article eighteenth citizens, should be in accordance with the provisions of the present Measures shall pay the social maintenance fee. The collection of social maintenance fees standard, respectively, to the local urban residents per capita disposable income and per capita net income of rural residents as the reference standard of Taxation, combined with the actual income level and does not meet the children plot the provisions of the laws, regulations, determine the amount of levy. The specific standards for the collection of social maintenance fee shall be prescribed by the province, autonomous region, or municipality directly under the central government."

In 2010, the national population state family planning commission once again clear, both husband and wife are China's mainland residents, in foreign countries, foreign children back to China mainland, handle the formalities or within two years of the cumulative residence for 18 months, in accordance with applicable throughout the population and family planning policies, shall be calculated on the number of children. That is to say, as long as the parents of household registration in the mainland, no matter in what place of birth, as long as it is not consistent with the care of the family planning policy, will be punished. The Hong Kong children born after the birth, has been in the mainland of China life, and accept the mainland of China, social support, in the mainland resident already full 18 months, according to the regulations, shall be governed by the province's family planning policy constraints.

In August 30, 2002, Shanghai Municipal People's government issued a "Shanghai city social welfare provisions of article fifth provisions" fee collection and management: "the birth of the first child is not in conformity with the provisions, the parties have reached the legal age for marriage, according to the following standards for the collection of social maintenance fee:

(a) Department of the urban residents, according to the child's birth year the city Bureau of statistics released by the city's urban residents per capita disposable income of the family half collection.

(two) rural residents, according to the child's birth half a year before the tax bureau of rural households in the city's annual per capita net income.

The birth of the first child does not meet the requirements, if the parties fail to reach the legal age for marriage, according to the following standards for the collection of social maintenance fee:

(a) Department of the urban residents, according to the child's birth year the city Bureau of statistics released by the city's urban residents per capita disposable income of the family as a collection.

(two) rural residents, a times collection according to the child's birth year bureau of rural households in the city's annual per capita net income.

Article sixth stipulates: "the birth of the second child does not meet the requirements, according to the following standards for the collection of social maintenance fee:

(a) Department of the urban residents, according to the child's birth year the city Bureau of statistics released by the city's urban residents per capita disposable income of the family three times a year before, but the actual annual disposable income is higher than the Municipal Bureau of statistics released by city residents per capita disposable income of the family, according to three times on the actual disposable income.

(two) rural residents, three times collection according to the child's birth year bureau of rural households in the city's annual per capita net income, but a year before the actual annual net income higher than the per capita income of Municipal Bureau of statistics released by rural households, three times the levy according to their actual annual net income into the.

Article seventh stipulates: "the birth of the second child, in accordance with the law, regulations and conditions, but without the approval of birth, according to the following standards for the collection of social maintenance fee:

(a) Department of the urban residents, according to the child's birth year the city Bureau of statistics released by the city's urban residents per capita disposable income of the family 1/4 levy.

(two) rural residents, according to the child's birth year bureau of rural households in the city's annual per capita net income of 1/4 levy.

Article eighth stipulates: "the birth of the third children and three children or more does not meet the requirements, according to the following standards for the collection of social maintenance fee:

(a) Department of the urban residents, according to the child's birth year the city Bureau of statistics released by the city's urban residents per capita disposable income of the family six times a year before, but the actual annual disposable income is higher than the Municipal Bureau of statistics released by city residents per capita disposable income of the family, according to six times on the actual disposable income.

(two) rural residents, six times collection according to the child's birth year bureau of rural households in the city's annual per capita net income, but a year before the actual annual net income higher than the per capita income of Municipal Bureau of statistics released by rural households, six times the levy according to their actual annual net income into the.

Rule eleventh: "the two sides are non City domicile of the parties, fertility behavior occurred in the city, the population in the city residence district, County Family Planning Commission to make the collection of social maintenance fee collection standards decided in accordance with the city. The two sides are non City domicile of the parties, fertility behavior has not occurred in the city, but the first discovered by the city residence, by the population of the place of residence of the District, County Family Planning Commission to make the collection of social maintenance fee collection standards decided in accordance with the city.

Article twelfth states: "the parties in other provinces and cities have been the collection of social maintenance fee, the city is not due to the fact that the same again the collection of social maintenance fee."

    Eighth, at present the collection of social maintenance fee and children settled in a relationship? According to reports, the census, not registered accounts staff a total of about 17000000, mostly because the ultrasound and not settled, this is a serious problem. And Shanghai several family planning cadres to explore, they said, now the public security management in, as long as the management of household registration to register, newborn babies with birth medical evidence in Shanghai, not because the provisions cannot be settled. The planning department and the collection of social maintenance fees, and whether in or not.The author thinks that,ThisIs a legal blank,Always give peopleHomeA way out. In fact, to solve this problem is very simple, is the State Family Planning Commission and the Ministry of Public Security jointly issued a notice, shall pay the social maintenance fee payment voucher, simply give children settled in, the problem is solved.

Annex 1:The woman's surrogate Inc

For the 100000 annual salary, sign a special contract under a so-called "angel", from Loudi to the Long Hu as Changsha a surrogate network "angel", but the nightmare began. Photographs for the customer to choose, in a closed community going out, in an unknown hospital, a pair of have never met or operation was transplanted into the body through the never meet a couple of fertilized eggs. As she expected to get a surrogate company promised 100000 "service fee", suddenly found himself is ectopic pregnancy......

    Girl quit long surrogacy

    27 year old Xiao Hu told reporters, heard that fellow in Changsha "surrogate" make a lot of money, she did not hesitate to resign to changsha. According to the villagers to provide contact information, contact her and surrogacy, Liu sister. "The program is very simple, they ask what, information by e-mail in the past few days, I was recruited, initially said a monthly salary of 2000 yuan, gave birth to 100000."

    Ten days later, Xiao Hu received a notice to the hospital for a general check-up, the villagers told her, it means that there is a customer to pick her up. The selection process is to look at the pictures, in order to prevent the surrogate mother after looking for trouble, customers are generally not and surrogate party.

    Found "ectopic pregnancy" was kicked

    After the examination, Xiao Hu is scheduled to take medicine every day, as do test tube baby operation preparation. "On the day of operation, a van will I take, operation quickly, in less than an hour."

    Less than a month after the operation, Xiao Hu in a routine check is found to be "ectopic pregnancy". According to the contract, this kind of situation, customers can also choose a surrogate mother or refund, which means small Hu take less than a penny.

    Xiao Hu told reporters, even worse is when she asked Liu Jie for money for the treatment of ectopic pregnancy, Liu Jie answer is, the single company has paid large sums of money, and ectopic pregnancy belongs to individual differences, companies can not afford to.

    "I did not get a penny, but also spend a lot of money to cure." Now, the first accepted surrogate operation, Hu said "regret is dead, I hope the media will be the exposure of their behavior is now, not to kill more people".

    Surrogacy website "open recruitment"

    According to Hu provide company QQ, the reporter found the net is "surrogate intermediary" netizen. In its "signature" column, "8 to 150000 strokes of the surrogate mother" a few words sees impressively. Reporters to the poor need money for others "surrogacy, surrogate intermediary" is very warm. He said, at present the surrogate mainly using artificial insemination, IVF and cohabitation pregnancy in three ways. "Artificial insemination and cohabiting pregnant 8-15 million, 10-12 million in vitro." Reporter then log on to the website hair of the other side, here a surrogate is divided into class A-I, correspond to 8-12 million dollars. The height 165 centimeters, university or above, good-looking, return 120000. "Pregnant after you pay, monthly instalments."

    As for whether it will violate the family planning policy, each other very calm and said: "production registration is the customer name, so you will not be found." Journalists also need to consider. Hair of the other side to mobile phone number, "ready to contact me. A medical certificate and identity card with hepatitis B, gynecological and B ultrasound on the line."

    Customer money, intermediary earn

    Subsequently, the reporter went to the customer's identity and "surrogate intermediary" contact, we hope to find a better quality of the surrogate mother. The other said, now many customers, the surrogate mother, needs to pay 5000 yuan deposit wait queue, at least to the last month.

    The other emphasizes the pregnancy success rate is high, and both girls and boys, even twins, Long Fengtai, can meet the needs of the customers. "The cost of 25-150 million dollars."

    Intermediary fee how to calculate? The other out of the following list: the surrogate mother 15000, compensation 12-15 million, 20000 Hospital of intermediary costs, operation costs 6000 yuan.

    So accounting down, if the customer to pay at least 250000, then, after deducting all intermediary costs, the company can profiteer.

    Department response

    Surrogate transactions is not protected

    March 28th afternoon, the reporter will Xiao Hu encounters reflected in the "12315"Consumer complaint report line. Customer service Kobayashi said Xiao Hu's behavior is not protected by law. He made a very vivid analogy: "Xiao Hu as many people buy pirated products, the act itself is not legitimate, the business sector will not maintain her rights."

    At the same time, Kobayashi said whether it is a surrogate or her clients, they deal with surrogate sites are the private transactions, does not belong to the consumers and dealers trading, in their interests damaged, looking for Industry and Commerce and the public security is of no use.ReporterWang WeiweiTraineePeng RuiWu DanYao Yao

Attached: 2: woman exposing surrogate interests chain shady: doctor operation one can earn 90000

In 2011 07 months 06 days of "Guangzhou daily"

    Recently, a name already in September the surrogate mother actively attempting to our newspaper, revealed officials of customers, in order to "reproduce" illegal sub, but the agreement could change at any time. Once the customer through the hospital informed ahead of time B ultrasound for fetal girl, or down the Commission, or "evaporation".

She also said, the money is in cooperation with the surrogate intermediary doctor, a surrogate, the doctor less charge 30000 yuan red, multi charge 90000 yuan. Article / reporter Lin HonghaoGraph / reporter Yang Qin

The surrogate

And third days after Ms. Chen dialogue, the reporter received her call, on the phone, she said she was admitted to the hospital on the second day of the interview, and gave birth to a baby boy. The reporter asked her if she did not get more commissions, just ask her: "the child even surface did not see a few eye to others, not painful?" The phone was silent for a moment, Ms Chen said: "is the beginning of some heartache, but I think if the child is with their own conditions, do not keep him good, so it hurt him. He now conditions are good parents, receive a good education, it is a good thing for his life. Thinking about it, you want to open."

The surrogate mother Ms. Chen

And the surrogate mother Ms. Chen (a pseudonym) meet pofeizhouzhe, telephone contact her about reporters Shenzhen, Futian District Huaqiang North again, when a reporter on the road, she suddenly will rendezvous to Shenzhen Baoan District Longhua town...... After many setbacks, the reporter finally in the evening of June 28th, Longhua Zhen Niu LAN Qian Cun saw has been pregnant for nine months of Ms. Chen, suspicious, nervous Ms. Chen repeatedly determine reporters not to reveal her real identity, began to slowly open your heart, tell her story.

Three years half time surrogacy

"I was handsome, and blessed, so customers are more like my style."

Hometown in Hubei Ms. Chen this year 28 years old, facial features is dignified, with her saying "I was handsome, and blessed, so customers are more like my style." In 2001, Ms. Chen came to Shenzhen to work in a factory, worked, also served as a clerk in the company, even with friends opened shop selling clothes, until one day into the underground industry surrogacy. Three and a half years, she has been pregnant two times.

"By the end of 2007, and a few years no see female friends to meet, she saw my situation is very general, introduced me to be a surrogate." Ms. Chen said, in 2008, she intermediary introduced a Ningbo customer, before a meeting set down, then after artificial way to conceive a child, the child was born, just beside her for a few days to be taken away, she also successfully get 120000 the commission.

The family had

"The family is not what I ask for, as long as I have money to send back on the line."

Ms. Chen admits, she chose the surrogate is for comfortable, quick money. In the Commission, someone to help her rent, for living expenses each month, you don't have to work hard. Just rest less than a year, Ms. Chen again for second customers had a baby, to interview the same day, she has been pregnant for nine months.

The reporter asked: "are you a surrogate for two times, the family did not know?" "Why would I know? Today's young people, it is a good few years, how can people know that at home? And like me, often for the mobile phone card, generally only is I take the initiative to contact the family, the family is not what I ask for, as long as I have money to send back on the line. If you work for a penny on the outside do not have gain, returned to his home will be looked down upon by others." Ms. Chen said.

Contact with the intermediary line

"Intermediary in the Pearl River Delta area of factories and companies to identify, at the young age of 20 ~28 years old, request looks good, healthy, educated a bit more popular."

The reporter asked: "apart from you, you have a friend do the surrogate mother?"

"Many." Ms. Chen said, several girls she knew them, but because they are in touch with the surrogate intermediary line, so it can realize the surrogate mother is not much.

But Ms. Chen stressed: "this line for those who do not earn what money, then from the field of young girls is very attractive. We usually chat to grasp information, surrogate intermediary generally in the Pearl River Delta area of factories, companies looking for volunteers (industry will be the surrogate mother called 'Volunteers'), age is generally between 20 to 28 years old, is looks good, healthy body, if its degree higher, for example, is a college then, will be welcomed by customers."

Ms. Chen said: "after the intermediary to find a object, usually by friends to do to persuade, and then through some real success stories to impress the volunteers. As far as I know, volunteers first surrogacy is very tight, but for the first time after the success, many will choose to continue the surrogate, because compared to work, or to money fast."

Customer: many people only as "chasing the young"

What kind of people have the surrogacy needs? Ms. Chen said, customers generally have four kinds: the first kind is husband and wife, fertility problems, but also want children. The second category is affected by the idea of "man is superior to woman, some customers in the system, work by the one-child policy constraints, had already had a daughter, and then wanted a son, then through a surrogate to meet demand. Especially there are some customers simply do not come forward, directly through the intermediary to deal with, the intermediary said to us, the customer is a director and a director, money does not lack a son incense." The third category is the rich man. "Some of the boss is not high culture, wife is older, with many children thought, find a surrogate to several children to continue their careers, they don't care about the money." The fourth category is to pack a kept woman or a lover ", the number of customers in this category is not much. I know a girl, just in this line, after meeting with customers, both from the intermediary secretly dating again, finally is the man knocked up, and that he was away, the situation is very sad."

Breach of contract: female fetuses to keep the prices downA male fetus with money

Ms. Chen said, because the underground surrogate in this industry in the edge of the law, between the volunteers and the customer agreement without any guarantee, at any time may appear change, among them the most variable is born a male female problems.

"A large part of the customers want is the son. So once in a hospital in advance according to B ultrasound that her daughter, customers often demand a low price, such as the original say 140000 yuan, he just said to 100000 yuan, or even lower. Even worse is that some customers suddenly 'evaporation'."

In addition, some surrogate mother will drop prices. "Some of the surrogate mother learned that she is pregnant with son, negotiate with customers will, hope to improve the Commission, if the customer refused, she wouldn't give his son. I also have such idea now, first surrogate I didn't experience, now the second time I can't be so stupid, I now 28 years old, most surrogate once again, if you don't take this time to earn more money, too sorry for myself." Ms. Chen said.

Windfall: Doctor "-" up to 90000 yuan

In the underground surrogate the chain, how to allocate the benefits? Ms. Chen to his own experience as an example, in 2008 the first surrogate Commission 120000 yuan, the surrogate Commission 140000 yuan, in addition to a commission, customers want to rent a good house for her, the monthly 2000 yuan living expenses.

From Ms. Chen, the reporters got a single track connection with her surrogate intermediary Miss Zhang's mobile phone, reporters to the identity of the client and surrogate Miss Zhang has been in contact with. Miss Zhang is introduced, their clients are acquaintance. To meet with the volunteers, customers have to pay 1500 yuan deposit, if not satisfied can return, to find satisfaction with the volunteers, all three parties signed an agreement, with child, volunteer Commission customers will be divided payment for 10 months.

"The problem of the hospital how to solve?" "Some hospital we Guangzhou, Shenzhen doctor have cooperation. The surrogate is tube also were granted, the customer can choose, the hospital will also give some suggestions. The doctor's bonus is 30000 yuan, the money received by us, then transferred to the doctor, and a pregnant woman antenatal examination, child care expenses are burdened by customers."

However, Ms. Chen think, in this chain, the most profits is a doctor, 30000 yuan red envelopes is definitely not enough, usually to add, high to 90000 yuan. The second is the intermediary, a single charge intermediary costs 3~5 yuan, basically, the customer from A to Z to fix, take at least 300000. "While we these volunteers, pregnant in October finally got about one hundred thousand. Their intermediary with the doctor you take the money."

Annex3Legal Research on the surrogate phenomena

Authors: Xue Haidan     2010-11-19

    Surrogacy, surrogate mother is a new term in recent years, many newspapers and magazines can be found on the similar concept. At the same time, surrogacy website is very unpopular, input "surrogacy website" will immediately appear related information in Baidu 10 pages, such as the Oriental love surrogate network, plus a surrogate center etc.. Surrogate advertising in a flagrant way up and in the city corner. Obviously, the surrogate has quietly into public life.

    A,The background of surrogacy

    First of all, the surrogate is produced with the technology of social development and the progress of human science. In July 25, 1978, the world's first test tube baby "Louise" was born in England, which marks the surrogacy has overcome the problems on theory and technology. In March 10, 1988, the Third Affiliated Hospital of Beijing Medical University professor Zhang Lizhu successfully produced the China first test tube baby, show that human assisted technology in the rapid development of our country. Secondly, the surrogate is to adapt to the social reality needs of the people. Held in Beijing not long ago 2009 infertility forum, a "Chinese infertility investigation report" released data show, Chinese infertility has reached the proportion of 12.5% to 15%, that is every 8 couples in 1 pairs of can't have children, but also of infertile couples also showed a trend of younger. Because of many reasons not fertility, infertility brought untold suffering and social discrimination pressure for many families, especially in years of treatment without fruit couples are more likely to face family tragedy. They urgently need the help of assisted reproductive technology bring birth to their hopes, help them realize parents dream. This kind of social demand has become a potential market, including making the surrogate technology, artificial reproductive technology to walk into the life of ordinary people. Finally, thanks to the general improvement in educational level, a lot of women of childbearing age advocating a "Ding Ke" family, do not want to birth. Some of them worry about childbirth and risks, some are reluctant to sacrifice their own youth to raise children, some is afraid of body deformation after birth. Therefore, a lot of surrogate exists in the folk, and development tendency is rising.

    The concept and mode two, surrogate

    1, the concept of surrogacy

Surrogacy is a human assisted reproductive technology, it refers to a legally married couple if unable to pregnancy, one or both physiological and pathological reason, the entrusting party husband and voluntary pregnant women not to have sex and body contact as the premise, by means of artificial insemination or in vitro fertilization, the egg or embryo transplantation voluntary surrogate female uterus,Complete the fetal development and birth, stay after birth by the wife to her own mother identity dependent behavior. The voluntary surrogate normal fertile women called "surrogate mother". "Strictly speaking, surrogacy is not a new artificial reproductive technology, it is the artificial insemination or in vitro fertilization technology applied to the surrogate mother."

    2, the surrogate method

    According to different standards can be divided into different surrogate method.

   (1) according to the classification of sperm and egg

The surrogate is divided into the following three categories: one is the complete surrogacy, surrogate pure medical technology is called. The premise is the couple wife normal ovarian function, but not the uterus or cause a normal pregnancy. Includes two cases, one is commissioned by husband and wife with eggs and sperm and surrogate, a surrogate mother and children without gene. Another is to entrust the couples only provide sperm or eggs, and the implementation of the use of donated sperm or eggs of surrogacyChildren, only with the couple either geneGene, no relationship with surrogate mothers; two is the local surrogate, that is entrusted to the husband to provide surrogate mother sperm, eggs using in vivo or in vitro fertilization surrogacy mother pregnancy; three is donated embryos surrogacy, namely using donor sperm and donor eggs using in vitro fertilization mode and the implementation of the surrogate.

   (2) according to whether the couple to the surrogate mother pay fees and many division

    Can be divided into three types of altruistic surrogacy, surrogate and surrogate compensation paid surrogacy. [3] called altruistic surrogacy is the surrogate process does not include any money or material reward, surrogacy is helpful performance. Such as relatives between the surrogate; compensatory surrogacy is infertile couples to the surrogate fee, Such as pregnancy and childbirth medical fee, fee, pregnant during production, loss of income; the so-called paid surrogacy in two cases. A form is a surrogate for the surrogate charged more than reasonable compensation costs. Another form is also called "commercial surrogacy surrogate" that both sides cooperate with each other through the intermediary of surrogacy agency, by the agency fee after the arrangements for the two sides to provide surrogate, liaison and advisory services.

    Analysis of legal nature and legal relationship in three, surrogate

    1, the legal nature of surrogacy

About the legal characterization of surrogacy, surrogate civil behavior analysis is a what properties. The academic definition for civil legal acts and civil acts has been controversial. The author thinks the two concepts are generic relation. Civil behavior is a kind of concept, civil legal act is a genus concept, namely civil acts of civil law concept. The civil action should include the lawful civil (civil legal acts), revocable civil act, in effect pending civil behavior and the invalid civil behavior. "General principles of civil law" provisions of article fifty-fourth, the civil legal act is a citizen or legal person to establish, change, terminate civil rights and obligations of the legal behavior. Civil action refers to a citizen or legal person place, change, terminate civil rights and obligations. The difference between the two: first, different nature. Civil legal act emphasizes the legitimacy; and civil behavior is not stressed, it may have the legitimacy may not have. Second, different legal consequences. Civil legal act is legal, subject to the protection of the law. Civil legal and illegal, effective and the invalid points. For civil actions illegal or invalid, have no legal binding force from the beginning of acts, not protected by law.

    Academic circles for legal qualitative surrogate is blank. In this paper, that the current existing underground surrogate of invalid civil behavior, rather than a civil legal act, because part of the surrogacy illegal illegal content, part. Concrete analysis is as follows: there are 4 main surrogacy, namely the entrusting party, surrogacy, surrogate intermediary and hospital. First, the principal and the surrogate is a natural person, the contract is not illegal.But the hospital and intermediary collusion, implementation surrogate profiteering acts in violation of the 2001The Ministry of health promulgated the "human assisted reproductive technology management approach" the provisions of article third, "the medical institutions and medical personnel shall not engage in any form of surrogacy technology". Second, the scope of business of the surrogate intermediary not in company law within the prescribed scope, can not be industrial and commercial administrative registration, so without the registration of business surrogate intermediary, the main illegal employment, the surrogate mother for profit and illegal content.

    Due to differences in culture and economic development, countries will be totally different attitudes to surrogacy. Most countries have adopted a cautious attitude to law. China is a total ban on surrogacy attitude, 2001Years 220 July the Ministry of health promulgated the "human assisted reproductive technology management approach" the provisions of article third, "prohibits the sale of gamete, zygote, embryo in any form. Medical institutions and medical personnel shall not engage in any form of surrogacy technology". Since the implementation of the regulations, the surrogate has not been well controlledIncreasingly unpopular, underground surrogacy, surrogate mother also increasingly open recruitment. This paper argues that the reasons of repeated illegal surrogacy is easy to circumvent the rules. First.Surrogacy it only prohibits medical institutions and medical staff,Not for others the natural person and the mechanism provided; secondly,"Because of the lack of the extraterritorial effect of department rules and regulations,Unable to surrogacy citizens outside the ban "; moreover, according to the provisions of the legislation law of China, the law must be enacted by the National People's Congress and its Standing Committee, administrative regulations shall be formulated by the State Council, and the Ministry of Health issued the method belongs to the departmental rules, do not have universal binding force of law,Right to prohibit the natural person to conclude the surrogacy contract. According to the "law does not expressly prohibit the legitimacy of" the spirit of the rule of law, at present in our country the only medical institutions and medical personnel to carry out the surrogacy is illegal, and the natural person to enter into the surrogacy contract, the implementation of surrogacy is not illegal. In short, the surrogate is in a vacuum state could not be in China's current legislation.

    Analysis of 2, surrogacy legal relationship

    This paper only acknowledge the legitimacy of complete surrogacy, surrogate and surrogate donated embryos from local. Therefore the referred just complete surrogacy surrogate. First of all, the local surrogate "is not only borrowed the surrogate mother's uterus, also borrowed a surrogate mother's egg, so there is a natural relationship between the surrogate and surrogate child, if the agreement is let her give up parental rights, is bound to cause very big impact" on the legal and ethical idea; secondly, the value of donated embryos surrogacy "no study, infertile couples can be adopted to realize own child's dream, the effect is the same."The high cost of the burden, and not conducive to control the population.

    This paper advocates the fitting of complete surrogacy, belongs to the civil legal act. The subject of legal relations in the 3 party, including the consignors, surrogacy, surrogate operation implementation of hospital, the three parties are equal, there is no management and be managed or employment relationship. The object of surrogacy is a kind of behavior, namely the surrogate mother pregnant, her baby to provide physical benefits and the transfer of the baby's paternity. The content is: the couple with maternal antenatal examination, enjoy the baby's paternity, to maternal offer a reward; pregnant women have the right to request the client to provide prenatal examination for pregnant, her baby, provide physical benefits and the transfer of the baby's paternity, paid. Special hospital is responsible for the implementation of the surrogate operation.

    A series of social problems caused by four, surrogate

    Surrogate technology has broken the traditional concept of family, it is like a double-edged sword, in to infertile family laughter at the same time, also has caused many social problems.

    The dispute of social ethics, caused 1 surrogate

    Many scholars hold the public order and good customs objected, that widely used surrogate technology will cause the social relations of chaos. Professor Liang Huixing also had written clearly the surrogacy as violations of public order and good custom behavior. The author thinks that this viewpoint is worth discussing. "Public order and good customs' public order is called 'and' good practices'. The principle of public order and good customs,Is refers to the civil subject's behavior should comply with the public order, in accordance with the kind customs,The general moral shall not violate the state's public order and social."We advocate legal surrogacy is not sex reproductive mode, complete surrogacy is entrusted to her husband and a surrogate mother to not have sex and physical contact as the premise, there will be no ethical crisis. On the contrary, the surrogate help infertile couples to achieve the dream of parents, save one may be on the brink of the breakdown of the family. Isn't it follow the principle of public order and good customs, promote social harmony and stable development?

    Legal disputes and legal problems caused by 2, surrogate

   (1) the paternity issue of surrogacy

Parental right refers to the rights and obligations of the adult children and property in the area of personal growth and protection. [8] paternity has the following basic characteristics: one, parental right is a basic right of identity, is generated based on the relationship between parents and children; secondly, paternity both for the parents of their children's rights, but also as a legal obligation; third, parental power is the exclusive right, for parents are proprietary, including her parents, adoptive parents and adoptive parents. In view of this, parental power is a basic right belongs to parents identity, and that is the right and obligation, so not to abandon, illegal transfer or unlawful deprivation. In the surrogate, who is the baby's parents, who have on the baby's paternity, the surrogate contract is legal essential.

    This problem in the academic debate. A view is a surrogate mother should have the baby on the right. Because of the legal concept of all countries in the world generally believes that the use of artificial insemination and in vitro fertilization method gave birth to babies of women should be is the baby's legal mother, with a legal marriage man in the case of knowledge as the father of the baby. The surrogate is essentially the use of artificial insemination and in vitro fertilization technology in the surrogate mother's body, so the principle is also applicable to the surrogate. Another view is that the couple have paternity. According to the theory of genetics, because "only the sperm and egg provider (this does not include donor eggs or sperm donor) is the child of parents, this is science, the law must respect science; secondly, in 1991 the Supreme People's court" about the legal status during the marital relationship to children born of artificial insemination reply "pointed out: 'in the during the marital relationship, the two sides agreed to by artificial insemination, the children should be regarded as the couple's children born in wedlock, the rights and obligations between parents and children is" marriage law "the relevant provisions.' Artificial insemination with surrogate mothers are artificial reproductive technology, then according to the reply of the spirit, and the implementation of this technology couples legally the relationship between parents and children a surrogate mother to the children, and the surrogate mother does not have the legal rights and obligations."

    The two were the truth, but the unreasonable. The author thinks, we should follow the main trend of the world, that the surrogate mother enjoys paternity. But in order to put an end to the social ethics of confusion, also in order to realize the couple parents wish, the surrogate mother must be parental rights transfer. Both sides through a surrogate contract to determine the couple's baby the legal sense of the parents. Then based on the surrogacy contract right transfer is effective? Parental rights transfer, refers to the paternity because the protocol or the court declared by the second transfer to others or social and economic organizations to exercise. The main reason for the legislation of parental power transfer: first, adoption and adoption of minor children of the agreement; second, both parents will transfer protocol one party to the other party to exercise parental authority; third, paternity will transfer to the social and economic institutions paternity. Because the law on surrogacy not made clear, so that different views on whether the surrogacy contract transfer paternity problems based on the existing. The author believes that, in the current laws on surrogacy does not make clear that the case, should accept the legitimacy of compensation in accordance with the principle of public order and good customs of the complete surrogacy contract, shall protect the surrogate contract based on the effective paternity transfer.

   (2) the surrogate is a violation of the right of surrogate body

    The author thinks that the surrogate mother surrogate did not infringe the right of body, the reasons are as follows:

    First, in the process of surrogacy,The couple is the exercise of reproductive rights,While the surrogate mother is the exercise of the right of body. The body right refers to the natural human maintain their body (including the limbs, organs and other organizations) complete, a right and in accordance with the wishes of their own body enjoys according to law. The body right not ownership,The right of personality but the personal right of an extension. Specifically,A surrogate mother to govern the rights of her own body,Free to use her fertility and pregnancy function. The reason that the law protects the right of body,Is based on the consideration of personal interests, each person should have the independent personality, freedom, dignity and equality. A natural person may exercise the body right disposition, domination, but shall not infringe upon the legitimate rights and interests and social public interests. A surrogate mother through a legally binding contract, the surrogate family to help others,Is a manifestation of the exercise of the right to dispose of the body, the body of law should protect the interests of the.

    Second, in the civil law is one of the object of civil rights,Is present in the human body,And as to the actual controlled object to meet people's need for social. The human body is not material nature,Unless the other organs, tissues and body composition phase separation and not in combination with other human. If a human body organs and other organs and tissues com,As an organic part of human body,It is not "". The whole growth process, not only need the uterus,Fit to other organs of the body, organs (such as breathing, blood circulation system etc.). So, "to rent the uterus is a serious violation of the basic principles of the body is not one,There is no theoretical basis for the "womb" as the object of the rental is absurd." 

   (3) the surrogate is a violation of the trust the spouse birth right problem

    Reproductive rights are a at any time can not be deprived, refers to a marriage for both men and women shall enjoy whether and how the reproductive rights of children. The laws and regulations of our country, only the couple can exercise the right of birth. American New Jersey superior court judge Hal Sorko thinks"If a person has the right to sexual reproductive,He has the right to the artificial birth. If fertility is protected,So the children should be protected,This protection mode can be extended to the protection of the surrogate."So.In some western countries, moderate opening surrogacy is the protection of reproductive rights. Since the protection of reproductive rights in China, it should also protect the reproductive mode. The nature of reproductive rights is the freedom of reproduction,Of course, this freedom is legally binding. That citizens in the premise of not damaging the interests of the state and social public interests and the legitimate rights and interests of others,Enjoy free birth right. Infertile couples to enjoy reproductive rights,Then they have the right to choose the way of legal surrogate birth. Therefore, there is no violation of trust surrogate couple fertility right.

   (4) the surrogate whether the baby for the subject of the problem

    This paper argues that surrogacy does not take babies for the subject matter. Is the subject of the parties to the contract rights and obligations of both parties of the common object oriented. It is the necessary conditions of a contract, is the essential clauses all contract. The subject of the contract is varied, generally has four kinds: tangible property, intangible property, labor, work. The object refers to the rights and obligations of the two parties object. The debt of the contract subject refers to the payment of itself, and the subject matter refers to the object behavior of payment. Payment and payment of the object itself is not the same concept. A legally binding contract must have standard, but not necessarily to have the subject matter. Surrogate contract is the only object, not the subject matter of the contract. The subject matter refers to in the civil law ""It is found in nature, outside the human body, so baby don't belong, nor is anyone at all, can not become a surrogate the subject matter of the contract.  

    While the surrogate contract sign that surrogacy object -- surrogate mother pregnant, her baby to provide physical benefits and transfer the baby's paternity. Therefore, the surrogate is not relating to the subject matter of the contract.

   (5) the surrogate should be free or paid problem

Aiming at the problem of whether the fee income shall be limited to the surrogate mother. Opponents think, paid surrogacy is the surrogate commercialization, give criminals the opportunity,The surrogate mother for climbing and the trafficking of women, thus causing social instability. To encourage voluntary surrogacy, completely altruistic. This paper thinks of surrogate mother fee payment is not so absolute, should implement the compensatory surrogacy, that is entrusted to husband and wife must pay a fee to the surrogateFor example, pregnancy and birth medical fee, fee, pregnancy loss during production, income etc.. Don't be completely free of surrogacy, the reasons are as follows: firstly, although unpaid surrogacy embodies the surrogate mother noble moral sentiment, but the surrogate little operability in practice, and is only possible surrogate in between relatives, but this situation is obviously violate public order and good custom principle, should be forbidden by law. Secondly, the surrogate itself is an existence of high risk and time-consuming nearly a year of behavior, the surrogate mother is willing to help others achieve their parents dream, and conclude with the surrogate contract, is worthy of praise, not to the surrogate mother any compensation or remuneration, is tantamount to the naked exploitation. Moreover, surrogate mother paid with no profit at. Only fee standards can not be too high, namely the surrogacy contract fees not far beyond the reasonable compensation limit. The specific standards shall be borne by the market mechanism to rationalize. Otherwise the surrogacy becomes only the patent of the rich, while the poor only slide, which makes part of the reproductive rights of vulnerable groups is still unable to achieve, this is not fair.

    Five, the legalization of surrogacy significance and legislative suggestions

    The feasibility of 1 reasons, the legalization of surrogacy

   (1) give up eating for fear of choking approach can not solve the fundamental problem

    Not because the surrogate encountered complex, continue to give up eating for fear of choking practices. This will not help to improve the living conditions of infertile couples, it will force it to seek underground surrogacy, the situation even worse, the underground surrogate more rampant. But only because of this mode of reproduction and the mainstream ethics does not match, refused to be legalized, at the legislative level at the expense of minority interests to ensure the interest of the majority, the legislation itself is not. In addition, the same is the artificial reproductive technology, why not ban other technology, but simply to prohibit surrogate?

   (2) the compensatory complete surrogacy legalization has its right basis

    The rights of both parties are basis of surrogate birth right and body right, these two kinds of rights has been recognized by our country law. The former refers to the entrusting party enjoys whether or not to have children, in what way the birth right of personality, the latter refers to a surrogate mother to maintain the body completely, and controlling its body, organs and other organizations of the right of personality. Both sides can make it right in this context is not in violation of public order and good customs, and based on these rights of surrogacy should be effective.

   (3) complete surrogacy in line with people's pursuit of happiness and family and needs

    The continuation of the blood and the whole family is the concept of the world human consensus. Each people have the pursuit of happiness and family needs and rights, we cannot ignore the infertility group, deprived of their freedom to pursue happiness. This is inhuman.

   (4) mature than other countries surrogacy legislation to provide reference and valuable experience in China

    Some countries and regions take the form of regulation of surrogacy law problem, admit complete surrogacy free or free surrogate legitimacy and legislation to protect, including Canada, Israel, New Zealand, England, South Africa, Hongkong, Chinese America Florida, Nevada, new Chinese episcopal, Virginia etc.. As long as our government and legislators to actively respond to the legislative problem is complex, in reference to the premise, scientific and democratic legislation, and constantly revised, believe the surrogate towards more healthy development in our congress.

    2, the significance of the legalization of surrogacy

    Although the surrogacy has had a huge impact to social moral and legal policy, but the legalization of surrogacy, from a long-term perspective is conducive to promoting the harmonious development of society. First of all, it ensured the infertile couples of reproductive rights, relieve mental pain, but also make some families can enjoy the happiness of a family union. Secondly, it promotes the improvement of China's legal system to prevent crime, indirect selling, baby stealing, conducive to the elimination of social unrest. Furthermore, it is the most effective way to help Chinese sterile family love and mutual assistance and economic difficult family, promote mutual caring human noble humanitarian spirit, safeguard the interests of vulnerable groups, is conducive to the realization of social fairness and justice. Therefore, we hold a tolerant attitude towards surrogacy should give up eating for fear of choking, abandon the current practice, allowing it to benefit the infertility family within the law. Reality tells us clearly, a banned just lawmakers for a social stability, and make emergency policy, does not go on for long. Taiwan surrogate legislation is started in the ban can not solve the problem situation, there is a lesson, why should we choose to pay no heed? Sensible approach is to block sparse generation, government and legislators should change the attitude, face reality, face the problem, in-depth research,A definite opinion, scientific decision-making, democratic legislation. With the acceleration of the process of China civilization, the right to get attention and help vulnerable groups of public power, complete surrogacy will gradually receive the common recognition of the whole society.

    3, about the legalization of surrogacy legislative proposals

    We can only through dialogue in a democratic framework gradually reach a consensus, the first step to make our artificial reproduction law, making law, no longer apply previously issued by the Ministry of health department regulations. Let the surrogacy law, protect the legitimate rights and interests of surrogate body, maintain social stability. The following are some legislative suggestions the author superficial:

   (1) the provisions of the legal form of concept and mode of surrogacy

    The surrogate is a kind of human assisted reproductive technology, it refers to a legally married couple if unable to pregnancy, one or both physiological and pathological reason, the entrusting party husband and voluntary pregnant women not to have sex and body contact as the premise, by means of artificial insemination or in vitro fertilization, the egg or embryo transplantation to the voluntary surrogate female uterus,Complete the fetal development and birth, stay after birth by the wife to her own mother identity dependent behavior. The voluntary surrogate normal fertile women called "surrogate mother". The surrogate there are only 1 ways, namely complete surrogacy. Expressly prohibit donated embryos and partial surrogacy surrogate.

   (2) defines surrogate conditions of use

Because the surrogate is a very state of technology, do not advocate the priority of use, only in the infertile couples to end all medical treatment, including artificial assisted reproductive technology to other, still can not cure infertility cases, it can be considered a surrogate.

   (3) the establishment of surrogate supervision organ

Our hospital set up the national various provinces and cities of Medical Affairs Office for surrogacy supervision organ. The Ministry of health is responsible for the implementation of the document surrogate and issued guidelines, elements of surrogate mother gets the reasonable costs and determination method. The provinces of medical affairs according to law and the document, review of the validity of the surrogacy contract, providing security for the performance of the contract. Only after the contract was approved by the parties, in order to perform. Approved for issuance of surrogacy, surrogate for ratification and supervision, special hospital surrogacy.

   (4) to regulate surrogacy contract

"Surrogate contract is a special civil contract,Is that surrogate mothers and pregnant square consistent meaning about surrogacy, surrogate mother and child is a contract in the surrogate of the rights and obligations of both parties of the contract." It is not the subject matter is only the subject of the contract.

    The establishment of the contract conditions

There is legal contract parties: first, the couple must have legal marriage and the party as a result of physiological or pathological not natural fertility. Second, a surrogate mother for women of childbearing age, "have or have had the marriage and birth of children; after the psychological assessment, professional legal consultation and physical examination, conforms to the surrogate mother condition; surrogate mother should not be entrusted to the couple's close relatives."Third, the implementation of surrogacy technology monopoly hospital: screening excellent hospital from nationwide, set as a surrogate technology implementation of hospital. Responsible for receiving donated sperm and eggs, at the same time the implementation of the fertilized egg implantation operation complete surrogacy technology. Fundamentally eliminate illegal commercial surrogacy.

    Conclusion the main terms of the surrogacy contract the parties reach an agreement. The parties agree that. The main provisions include: the most important is the rights and obligations of the parties -- the couple with maternal antenatal examination, enjoy the baby's paternity, to maternal offer a reward; pregnant women have the right to request the client to provide prenatal examination for pregnant, her baby, provide physical benefits and the transfer of the baby's paternity, get paid. Infertile couples have the obligation to provide medical affairs office of the location of the submitted surrogate contract, application of surrogacy. The other main terms and names of the parties and the domicile, subject, remuneration, the time limit for performance, place of performance, the liability for breach of contract, dispute resolution method."

    The parties to a contract means that the real. First of all, for the implementation of the surrogate couple must are said, the true meaning of voluntary and consensual, couples may not conceal and stress. Secondly, consignors a surrogate contract with surrogate mothers are the true meaning, there is no fraud, coercion. Finally, surrogacy contract shall not violate the law or the administrative regulations.

    The establishment of the contract should have the offer and acceptance stage. Otherwise the surrogacy contract can not be established.

    The contract form and effect

    First, the surrogate contract to contract, which must be written form, 4 copies of which the principal wife, surrogate mother, Provincial Health Bureau of medical affairs office, a specialized hospital.

    Effective second, the surrogacy contract. Surrogate contract in accordance with the contract law on the contract after the establishment of general elements,Must also be submitted to the provincial hospital, the validity of the contract review, report of infertility that can apply for surrogacy. Only the medical affairs office to confirm the Contract comply with the conditions after examination, surrogacy contract shall come into force. Yizheng Chu to approve surrogate application, application for registration, contract filing to infertile couples, after granting approval application. Surrogate contract uncensored, regarded as invalid; review, nature is the administrative license law, without the permission of the administration department, the parties shall not change.

   (5) to guarantee the right to know their children

    At present, most countries adopt the principle of confidentiality, to maintaining family stability and social stability. But the children find their consanguineous parents is It's only human. Our country should guarantee complete surrogacy children second cases have the genetic identity of the parents' right to know. Specific reference to the British practiceSpecial hospitals, surrogacy should retain the integrity of the donor archives, so as to the future of their "gene" children grow up, when necessary, transfer these information to them.

   (6) establish a strict registration system of surrogacy

    Perfect, strict registration system can ensure the integrity, legitimacy and normative surrogate, convenient management. At the same time also favor the surrogacy disputes after the liability.

   (7) the prohibition and the fight against commercial surrogate and surrogate intermediary

In the form of law and commercial surrogacy surrogate intermediary are illegal, actively Combating Commercial surrogate and surrogate intermediary, and the provisions for any dispute which led to no protection by law.

       Annex four:Xiamen"The lost"The family asked people"Surrogacy"Trigger custody case

2012Years10Month31DayBorrow abdominal son, legal? If a dispute arises, the children of ownership? Recently in Xiamen happened because together"The surrogate"Cause of concern about the lawsuit.